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Unethical Behaviour in Procurement:

A Perspective on Causes and Solutions j. A. Badenhorst

ABSTRACT. Enterprise management often encourages their major spenders of company funds (see Table I), and
marketing personnel to offer gifts to purchasers of clients that purchasers are often tempted by suppliers and
but won't allow the purchasers of the company to accept that double standards which creates an atmosphere
gifts. This double standards create an atmosphere of dis- of dishonesty, prevail in the compa W (marketers of
honesty in the company. the company may tempt purchasers of dients, but it
When considering that purchasers fulfilling the procure-
is not acceptable for the company's purchasers to
ment function for a company are the major spenders of
succumb to temptations), it is probably unavoidable
company funds, and that purchasers are frequently tempted
to accept gifts and prevailing double standards within the that purchasers are sometimes guilty of unethical
company, it is no wonder that they sometimes succumb to behaviour.
unethical behaviour. The purchasing environment thus The purchasing fraternity is one of low prestige
creates an atmosphere conducive to unethical behaviour. both within the company and in general. This low
However, the cause of unethical behaviour is not neces- prestige within companies is due to the fbllowing
sarily the individual's lack of moral standards. Research has (Hill, 1975: 18-22):
shown that the actions of managers, the ethical climate in
the enterprise and the absence of a company policy on the - top management does not have a comprehen-
matter are all contributing factors towards unethical behav- sive understanding of the income-generating
iour. Unethical behaviour of purchasers and other personnel possibilities of the purchasing function;
involved in procurement can therefore be prevented or - management regards purchasing in general
limited by implementing certain measures. merely as a means of effecting price reduc-
This article focuses on ethics, procurement or purchasing tions;
ethics, and unethical behaviour among purchasers in general, - the purchasing department is often not in-
as well as more specifically on the situation in South Africa, volved in or informed about the company's
and makes recommendations for establishing codes of con- aims, policy, new plans and programmes;
duct, other procedures and policies for improving the - the position of authority of the purchasing
situation of the purchaser in the enterprise.
department is vague and is often subordinate
to the functions of finance, marketing and
production;
1. Introduction
-company management does not appoint
competent and trained persons who are ap-
W h e n it is taken into account that purchasers are the
propriately remunerated in the purchasing
department; and
Dr Badenhorst is presently associate-professor, in purchasing and - purchasers are regarded as "paper pushers" or
Materials Management at the University of South Africa. She "ordering clerks", and the purchasing task is
made contributions to a wide range of journals regarding regarded as suitable for "the sick, lame and
marketing, management, development and public administration. lazy".
She also presented scientific papers at various international and
national conferences. She was also instrumental in starting (and This low status of the purchasing function in com-
manages) the first (and only) Certificate in Purchasing Manage- panies may be a possible cause of unethical behav-
ment course in South Africa. lout.

Journal ofBusinessEthics 13: 739--745, I994.


1994 KIuwerAcademicPublishers.Printedin the Netherlands.
740 J. A. Badenhorst

TABLE I
A comparison of purchasing cost with other cost items in absolute amounts (R million) and as a percentage of turnover for
different sectors in South Africa

Sector Purchasing costs Salaries and wages Inventory

Amount %of Amount %of Amount %of


rnover (t m) turnover (Rm) turnover

Manufacturing:
1960 1,642 59.9 520 19.0 660 24.1
1970 4,400 58.7 1,474 19.6 1,755 23.4
1979 18,639 62.3 4,954 16.6 6,882 23.0
1985 46,720 60.2 14,377 18.5 14,229 18.3

Mining:
1970 401 23.3 390 22.6 -- --
1981 3,380 22.4 2,657 17.6 -- --
1984 4,924 25.9 4,129 21.7 -- --

Wholesalers:
1961 2,002 85.1 143 6.1 394 16.8
1971 4,812 81.8 385 6.5 1,150 19.6
1977 13,692 81.9 956 5.7 2,286 13.2
1987 n.a. n.a. 3,182 7.8 9,176 12.9

Retailers:
1961 1,194 77.2 84 7.0 290 18.8
1971 3,020 80.1 378 10.1 613 16.3
1977 6,811 76.7 379 9.7 1,530 18.0
1987 n.a. n.a. 3,015 7.6 4,972 12.1

Hugo and Van Rooyen 1990:14

The low status of the purchasing profession, and polluting the environment as acceptable busi-
particularly among the public, may among other ness practices, as long as this will place them or their
things be ascribed to rumours of unethical behaviour companies in a better position.
and bribery by purchasers. This, together with the In a predominantly Christian country such as
effect of sensational reporting by the media, damages South Africa), 1 the maintenance of high moral values
the image of the profession in general. Unethical and ethical standards with regard to personal behav-
behaviour in the purchasing profession is sometimes iour is seldom doubted. Theft, fraud and lies, for
regarded as "more unethical", possibly because quite example, are blatantly unethical patterns of behav-
often larger amounts of money are involved, as well iour condemned from all sides. There is, however,
as usually the personal enrichment of the individual. not the same agreement with regard to other, less
Unethical business practices do, however, occur in apparent, doubtful patterns of behaviour which
other areas on a daily" basis, but as these are often often occur in business life. What may be disap-
given less prominence in the media, they are more proved of at a personal level, is often disregarded at a
quickly forgiven and forgotten by the business world business level, and even accepted without comment.
and by society. There are, for example, business This is often regarded as "clever business". All that
people who regard unsafe working conditions, poor matters is that the company makes the maximum
products which may cause injury and death, lies, profit (Hugo et al., 1986: 37). "Businesspeople feel
trampling upon their colleagues and competitors, pressured to compromise their personal standards to
Unethical Behaviour: Causes and Solutions 741

achieve the goals of the organisation" (Dubinsky and and in purchasing management are an issue on
Gwin, 1981: 10). Studies have often shown that indi- which points of view diverge. Various ethical stand-
viduals with strong personal moral and ethical values ards apply to different individuals, industries, corn-
do not maintain the same values in the business panes and cultures. Ethics are basically personal, and
community (Reilly and Kyj, 1992: 4). thus have to do with the behaviour of individuals.
It thus appears that there are two types of However, individual behaviour is influenced by the
unethical behaviour in the business world: unethical norms of the environment and the peer group to
behaviour which favours the company, and unethi- which a person belongs.
cal behaviour for the sake of personal advantage. Ethics is the science of behaviour, in the context
From the above discussion it appears that the former of conscious and deliberate action to attain a goal.
type of unethical behaviour is regarded as more Purchasing ethics is based on principles according to
acceptable or as "less unethical" in the business which people act out of habit in the business world,
world. and may be regarded as an extension of trade prac-
It appears from an increasing number of publica- tices and rules which businesspeople in a society
tions on ethical matters which have seen the light regard as important m maintain good relationships
both in South Africa and internationally during the (Lysons, 1989: 271). Unethical behaviour by pur-
past decade, that unethical practices are on the chasers may damage relations within the purchasing
increase, and that the importance of ethical behav- department, the relationship with other departments
iour is widely recognised. O'Brien (1981: 1) main- in the company', and with suppliers.
tains that stricter ethical codes of behaviour should The purchasing environment creates a climate
be applied in business to maintain a civilised and which promotes unethical behaviour. In the pur-
developed way of life, and that this is essential for chasing process, the purchaser and the seller are in
the survival of western civitisation. Mr. Peter Wrigh- interaction with one another, and each attempts to
ton, chairman of the Premier Group, thinks that gain the greatest advantage for his company. Every
South African businesspeople will urgently have to weapon is then employed to gain an advantage.
convey their commitment to high ethical standards Often sales representatives have little concern for
if they wish to encourage foreign investment and ethical behaviour, and purchasers are tempted to
trade (Sake-Bed& 1992: 1). obtain some personal gain from a transaction, often
When thinking of the ethical aspects of purchas- with the approval of the representative's employer.
ing management, bribery and gifts immediately The management often encourages its sales repre-
come to mind (Bayles, 1983: 42). Ethical behaviour sentatives to act in a manner which they would find
in the purchasing situation involves much more, entirely unacceptable in their purchasing depart-
however. In this paper, the focus will be on the ments. These double standards create a climate of
definition of purchasing ethics, the most common dishonesty in a company, and tempt everyone, espe-
areas of unethical behaviour in the procurement cially the purchaser.
process, the possible causes of unethical behaviour, In the purchasing situation, the purchaser and the
the situation in South Africa, and possible measures seller pitch their strength against each other. The
to improve ethical behaviour. stronger party usualty obtains the greater advantage.
When the purchaser accepts favours, gifts or money,
he gives up his position of strength to the seller. This
2. Ethics and procurement ethics might become a vicious circle which cannot be
stopped (Gorham, 1984: 28). In other words: tf a sales
Ethics may be defined as the basic principles of representative attempts to influence a purchaser with
correct behaviour, especially with reference to a favours, gifts or money, he reveals his weak position.
specific person, profession of activity (Thomas, 1984: Unethical behaviour among purchasers thus often
90). The person, profession or activity in the context begins with the supplier.
of this article is the purchaser, the purchasing profes- Apart from direct bribery, favours and gifts, there
sion or purchasing function. are also other areas in which the purchaser may be
Ethical norms and standards in the business world guilty of unethical behaviour.
742 J. A. Badenhom

3. Areas o f unethical behaviour by or from sales representatives must be treated as


purchasers confidential. It is unethical to make informa-
tion about the activities, prices and abilities of
A dishonest person in the purchasing department is suppliers known to competing suppliers.
in a position to demand or to receive personal
The purchaser is in a position to act unethically in
enrichment or other personal advantages in return
less subtle ways which border on blatant fraud, often
for granting a purchasing contract or placing an
in cooperation with personnel of the suppliers, for
order, or for preferential treatment from the sup-
example:
plier.
Personal advantages include, for example, gifts * The payment of fictive orders and invoices
(both material arid non-material), money in the form * Double payment of invoices
of kick-backs, and even bribes. There are, however, * The removal of information from computer
other more subtle areas where the purchaser may act records
unethically either consciously or subconsciously * Dishonesty with tenders, eg. making informa-
(Bayles, 1983: 42--47): tion known to a certain supplier so that he may
submit the lowest tender
* A purchaser (or his family or friends) may, for * Retaining credit notes for returned goods
example, have an invested interest in a supplier, * Purchasing larger amounts than needed, thus
and the purchaser may place his own interests earning a kickback
above of those of his employer. Under such * Knowingly purchasing products of poor, unus-
circumstances, the purchaser is unable to act able quality from a favoured supplier (Lysons,
rationally, because there is a conflict of interests. 1989: 271).
* The loyalty of a purchaser towards his supe-
It is clear from the above discussion that unethical
riors may give rise to the purchaser acting
behaviour among purchasers often goes together
unethically by not reporting dishonest behav-
with direct or indirect personal gain. Personal gain is,
iour on the part of his superior.
however, only a symptom, and it is necessary to
* The purchasing power of a company may also
determine the possible causes or the source of
be misused if an employer places orders for
unethical behaviour.
himself, his friends or his colleagues in the
name of company, in order to obtain products
at lower prices. Sometimes this is not regarded
4. Possible causes o f unethical behaviour
as unethical behaviour, because company policy
can make provision for it as a benefit to its
4.1. General researchfindings
employees. The supplier is also often prepared
to supply the product to the purchaser person-
It is automatically assumed that unethical behaviou
ally at a lower price as a sign of goodwill. What
is the result of a corrupt person who has no valu,
is of importance is that the purchaser's em-
system which indicates right or wrong. Studies hay
ployer and the supplier must be aware of the
shown, however, that unethical and even cunnin
fact that the product purchased is for personal
businesspeople may actually be kind, responsible an
use.
helpful parents and citizens in their private capaciti~
* Keeping important information from a sup-
in the community. Reilly and Kyj (1992: 2) are oftl:
plier may be unethical if it disadvantages the
opinion that the ethical level of behaviour is maiff
supplier in competing for a transaction. It is
determined by:
furthermore unethical to request information
from a supplier if there is no intention to use * The climate (environment) of the organisatioI
this information to take a purchasing decision. * The role of top management, superiors ar
This creates false expectations, wastes the colleagues
supplier's time, and is a form of deception. * The existence of limited (or a shortage c
* Information obtained from written quotations productive resources
Unethical Behaviour: Causes and Solutions 743

* The company culture with regard to its "social" Africa (Hugo et al., i986, Hugo, 1989 and Schoeman,
relations 1991).
* The intellectual support of the company system The results of these studies indicate that suppliers
are of the opinion that the purchasing departments
According to Lysons (1989: 271), a study was under- of the company groups maintain high ethical stand-
taken to rank the factors which affect ethical and ards. This may be ascribed to the fact that the
unethical behaviour. The results of the study are company groups have codes of conduct which are
given in Table H. strictly applied throughout the procurement and
From the table it is clear that the behaviour of an other materials functions. Not only are the em-
individual's managers plays an important rote in ployees subjected to the code, but the suppliers are
ethical as welt as unethical behaviour. The ethical also informed about it. Thus temptations on the part
climate in the industry/company, the behaviour of of the supplier are also limited. From the results of
colleagues and the absence of company policy also these studies it appears that unethical behaviour is
appear to be important causes of unethical behav- not acceptable to senior purchasing staff, and that
iour. From the results of this study it appears that they maintain high ethical standards on a personal
personal financial position is not an important moti- level. There is thus a culture or climate of profes-
vation for unethical behaviour. The reason may be sional and ethical behaviour. It was also found that
that the respondents receive good salary packages. In certain suppliers are riot unfairly advantaged by the
South Africa, purchasers have a low status and con- behaviour of the purchasers, particularly as far as
sequently poor remuneration (Van der Merwe, 1982). handling tenders and quotations is concerned. There
The personal financial position should thus be a is thus no question of an intrigue between the pur-
more important motivation for unethical behaviour. chasers and certain suppliers.
The respondents in this studies were of the
opinion that communication and clarity about the
4.2. Three researchstudies in private companies in South handling of complaints about unethical behaviour
A)ica by suppliers (and punitive measures) can further
contribute to fighting unethical behaviour in the
From the results of three independent studies con- purchasing situation.
ducted among the suppliers of large company groups
in South Africa, it appears that the determinants of
ethical behaviour identified in Paragraph 4.1 are also 4.3. The caseof a government department
relevant. The studies were undertaken for a major
fuel manufacturing company and its subsidiaries, a Some time ago (during May 1992), the South African
large gold-mining company and subsidiaries, as well media were full of a scandal in a state department,
as the only electricity supply company in South the Department of Development Aid, involving

TABLE II
The most important determinants of ethical behaviour

Factors which determine ethical decisions Factors which determine unethical decisions

Factor Rank Factor ~nk


Individual's personal behavioural code t.5 Behaviour of company's managers 1.9
Behaviour of company's managers 2.8 Ethical climate, in the industry 2.6
Formal company policy 3.8 Behaviourof colleagues 3.8
Behaviourof colleagues 4.0 Absenceof companypolicy 3.3
Personalfinancialposition 4.1
744 J. A. Badenhorst

millions of rands. Unethical behaviour, (particularly ments and managers. Furthermore, the ethical code
in the purchasing area, but not necessarily by pur- of conduct must spell out the punitive measures if
chasers) had been occurring for },ears before coming the code should be breached.
to light. The extent and intensity of the unethical Employees in other departments may not be
behaviour was of such a nature that the state presi- allowed to enter into any purchasing transactions.
dent dissolved the department. These people are not as well informed and up to the
According to the report of the investigators and task of resisting the temptations of unethical sales
media reports, senior personnel displayed unethical representatives. Should other staff be permitted to
behaviour. It appears furthermore that the unethical purchase, this would weaken control over the pur-
behav%ur and corruption were possibly the result of chasing process in the company.
poor management, wrong views and a tack of policy The code of conduct must be made known to
and control systems (Beeld, 1992: 1, 12). The organi- every purchaser, manager and other employees. The
sational climate encouraged unethical behaviour. code must be constantly reviewed, and care must be
It appears clear from the discussion in Paragraphs taken that every member of staff and manager
4.1, 4.2 and 4.3 that there are certain critical areas of respects the code. Furthermore, the ethical code
unethical behaviour and that certain measures can be must be handed to every supplier, and suppliers
taken to limit or prevent unethical behaviour among must be encouraged to report employees who breach
purchasers and other employees. the code. Suppliers must know how the matter will
be handled if unethical behaviour should be re-
ported.
5. M e a s u r e s f o r t h e p r e v e n t i o n o f u n e t h i c a l
Record-keeping and control measures: Good record sys-
behaviour tems and control measures will not only make unethical
behaviour and fraud in the purchasing department more
From the above discussion it appears that unethical difficult, but also in all other departments of the organi-
behaviour among purchasing staff can be counter- sation. The constant auditing of invoices, prices and price
acted by certain measures: increases, receiving notes, order forms and requisitions
will discourage further undesirable behaviour.
Code of conduct: A written ethical code of conduct is the
first and most effective measure which can be taken Managers: The purchasing and materials managers em-
against unethical behaviour. "As one reads with increas- ployed must set an example for the staff in all respects.
ing frequency about illegal payoffs and kickbacks in Ethical codes of conduct must be applied even more
industry, it becomes obvious that top management must strictly to managers, and a channel must be created for
provide and stress an effective code of ethics to guide the reporting unethical behaviour by managers.
firm's staff in its day-to-day business dealings." (Trevisan, General climate: The general climate in the organisation,
1986: 9). and specifically in the purchasing and materials depart-
ment, must be one of openness, trust, honesty and profes-
A code of conduct must clearly spell out company sionalism. This climate must also prevail in all other
policy as well as guidelines for day-to-day activities. departments and at all other levels of the organisation.
The ethical code of conduct must, for example, There may be no double standards. What applies to
contain information about the policy with regard to purchasers must also apply to marketers. Marketers may
the accepting of gifts, meals, pleasure outings, the thus, for example, not be permitted to influence the
handling of sales representatives, the handling of customer's purchasers with gifts, and it is thus also not
quotations and tenders, the handling of confidential permissible for the company's own purchasers to accept
information, the divulging of information, behav- gifts.
iour during negotiation, policy with regard to sup- Remuneration and recognition: Professional behaviour
pliers in which purchasers or members of the can only be expected if the purchasers receive profes-
management have an interest, the use of the com- sional remuneration. Purchasers must receive recognition
pany's purchasing power to purchase products for for the important task they perform, and for the manner
personal use, the use of company equipment and in which the task is carried out. Fair remuneration, re-
time for personal work, and company policy with cognition and pride will prevent purchasers from being
regard to direct purchases made by other depart- tempted.
Unethical Behaviour: Causes and Solutions 745

6. C o n c l u s i o n Supplier Relations' (translated from Afrikaans), (Unpub-


lished report) Pretoria.
Unethical behaviour among purchasers is not deter- Hugo, W. M.J., A. Van der Walt, P. S. Nel and J. D. Lubbe:
mined only by personal moral standards and norms, 1986, 'An Investigation into the Business Relations be-
but can be encouraged by circumstances within tween the Sasol Group of companies and its Suppliers'
companies. By establishing certain control measures, (translated from Afrikaans), (Unpublished report) Pretoria.
Lysons, C. K.: 1989, 'Purchasing' (Pitman, London), pp. 270-
companies can thus discourage and limit unethical
271.
behaviour among purchasers. The most important
O'Brien, C. O.: 1981, 'The Role of Economics' and Ethics in
step is, however, that purchasers receive recognition Civilisation and Progress', Journal of Purchasingand Mate-
for the important task they must perform. rialsManagement4, 1-20.
Reilly, B. J. and M. j. Kyj: 1992, 'Ethical Business and the
Ethical Person', LogisticsReview Summer, 2-6.
Note Sake-Beeld: 1992, 'Business Ethics a Great Challenge' (trans-
lated from Afrikaans) May 1, 12.
1 More than 90% of the total population is Christian. Schoeman, H. J: 1991. 'An Investigation into the Relations
Between the Eastern Transvaal Regional Office of Eskom
and its Suppliers' (translated from Afrikaans) (Unpub-
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